The Salt Lake tribune. [volume], January 02, 1911, Page 11, Image 11

About The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current

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1 THE SALT LAKE TRIBUNE, MONDAY MORNING-, JANUARY 2, 1911 . u F$P
If News of the Intermotf ntain Region
gi ogden Department
llif-lK o.miaiioiil Jfflce, 364 24th Street. Both Phones 684. Office Hours 8 a. m,
! Ji t0 10:30 a-m' 6, p.m. to 8 p.m.
1 Brai to
!TALK TO PRISONERS
Police Think the Man Wanted
to Help Government Pris
oners PJscape.
fM" 1 spsolol to The Tribune.
Wt OGD1JN, .fan. 1. While attempting o
' communicate with a prisoner In thu oily
fcP f full Malt Bluffer was arrowed late this
i nficnioon, by Dctoctfvo .Innics Ponder and
M'J j CUV Jnllf Hasbert Anderson.
""to ' Bluffer was releusod from the city jiill,
SwSa ihlsi morning, upon the completion of it
Mefcf"" -entence for vagrancy. Hs was Htandinp
Jtfftf on lha ledge of one of the jail windows.
f nilllnt; through the bars to one of the
rj&jl goners, when the officers placed him
?M( under arrest.
VK Bluffftr was ink-Mi into the officers
r"'j 1 room and thoroughly searched, hul no
"lwi weapon or anything of an Incriminating
v3I nature was found on his parson. Bluffer
iNTJK) nys that he liad promised to bring one
2 -Av iif llo prisoners some cigarettes but no
tQ-t I tobacco was found in his pockets.
!?7a " It Is the belief of some of the officers
Y& i Hiat Bluffer was trying to communicate
"ifi ' tvllh George Miller and .Tamos Grimes.
'W ',. Urn covernmcnt prlsonors. being held for
t. k tlic "Xew Mexico authorities, by whom
(hevure wanted for tlin alleged robbery o
5 the" Fort Sumner postofflec October 10.
i Miller and Grimes have been identified
a v ' us tlic men wanted for numerous posl
lir'j ', offleo robberies in the west, and are re
' sarded as dangerous men Bluffer, hav
isl ii ln(" hccn ,n communication with them
a 1 while a prisoner, may have been pur
la f' smarted to assist them in an attempt to
Qjr-rv i-ccapi He is being held under strict sur
36 V clllance.
ijjjt i Select Choicest Meat,
ajji tl Special to The Tribune.
OGDEN. Jen. 1. Burglars entered
-Pi? Bid's meat market on lower Twenty
is flftli street, last night, and got away
6j& .j with a (pianllty of fresh meat valued
W& at $20. This Is the third robbery of
b?k "ie ,n(!at- market in the past six rnontlis.
A buck window was forced open by the
i'3M li burfilars who entered, and, after ran-
j;4 sacking tho place, selected the choicest
JSp X- cuts of meat to he found. No duo was
tfal L left;
tea5
1 G ASTORIA
Jjyt For Infants and Children.
The Kind You Have Always Bought
'flffi Slgaattaro of
I COAL CONQUERS
old Jack Frost, who is tho lciuc of icy
; terrors. There's no shivering while we
:'re in business.
YOUR COAL ORDERS WILL BE
' ' PROMPTLY FILLED.
Gridley-Ryan Coal Co,
Phonos: Bell, -120; Ind., 78.
Utah, $5.75. Wyoming, 55.00.
I DON'T BE BASHFUL. In bcgln
lung the new year right is securing
for yourself our perfectlv laundered
genets. Kvcry article trer.'c-d with
SOFTENED and FILTERED WA-
I UH Tlmt'8 r'"ny ll's ne'fcct in dc-
TROY LAUNDRY.
I "THE LAUNDRY O,- OUALtTY-
f& Both Phonrj 192. 166 Mi0 St
I Denver & Uio GramleTimeTable
f j Depart Dally. (In offfc: June 13. lOlO.'V
f ovo- Jiatl and ilarysvale.. 7:30 -.. -n.
I "InBbam and Midvale S-00 a. m.
I Denver. Chicago and east 8:in a. m
ork City ;:20 a. rn.
t rtBj0n anfl Intermediate points . 10:?: a. m
, "edon a'nd San Franclpco VAl r. m
1 7, "Kdeii. San Francisco and 1'ort
i v Snd r:25 p. m
Denver. Chimin and enst 4:0 p. m
j n0'0- Tlnt'c and Inter, polntn P. 05 o. m.
k ''Won and Intermediate points CrlO p. m.
f ' Denver. Chlcacn and oast.... 7:10 n.
rand .Tunc and Inter point". 7-2" p. m
DMfin. Ban Francisco and Port
land 11:30 p. m.
I ArrlVT DaMv,
QEiJen. San Francisco and Fort
V. !' ftna 8:n.) a. m
Ii ' "Bdon and lntcrmod!alo polr.tn. 10:0ft a. m.
, nf?v8" Tlntlc and Inter, points. 10:20 a, m.
II. Bingham and Midvale 10:30 a. m.
t. RtVor' Chicago and east.... 1:30 p. ti.
DKlon and intermediate points lMf p. m
it 2?nv5", 'Chisago i.nd eaBt 2:15 p. m.
ti oiintl Ju"c. and Inter, polnta. 2:3n p. m.
K S?,en?nJ San Francisco..., 3, -55 p. m.
S?rkv.c,t 6:00 p. m.
v,-.- glnttham and Midvale 6M5 p, m.
Provo. Manti. Marysvale. Ho-
ORdn. San Francisco and Port-
T-innd r 7:00 .. rr
V S!nv-r' Chicago and east U :15 p. m
"ncn, San Francisco and Port-
GREEK FINALLY DIES OF
SELF-INFLICTED WOUND
Special to The Tribune.
OGDEN, Jan. .1. After lingering for
several days with a bullet wound in the
loft breast, which ho inflicted with sui
cidal intent. Konstlno George Apopolnr,
a Greek. 21 years or age. died at tho Og
den general hospital this morning.
Apopolnr shot himself while sitting on
a bench in city hall square. Before be
coming unconscious he cave his namo
aa John Martin, and said that his rea
sons for attempting to kill himself were
owing to financial troubles. Shortly be
fore his death at the hospital this morn
ing lie wrote a letter to his father at
Athens. Greece, signing his name Kon
stlne George Apopolar.
Why Apopolar should attempt to hldo
hiR Identity by giving the. name of Mar
tin has not been explained. 1-lttlo Is
known of the Greek. Some of his ac
quaintances say that he came here from
tln Bear River valley several weeks ago
and was well supplied with money. He
had been frequenting snveral of the gam
bling houses of the city and Is supposed
to have lost id his earnings, lib is is
thought to have caused him to kill him
self. Tho body was taken to Heaton & Kirk
endall's Undertaking rooms to bo held un
til effort Is made to communicate with
Apopolar's relatives.
JUNCTION CITY POLICE
EFFECT QUICK CAPTUUE
Special to Tho Tribune.
OGDEN. Jan. 1. Less than one hour
after a fur overcoat had been stolen from
J. T. Adney at the union depot, this
afternoon, the thief who gave his name
us John Johnson, had been arrested and
lodged In the city Jail by Captain C. C.
Brown and Patrolman John Russell. Tho
overcoat, was recovered from J. E. Brown,
an Ice cream manufacturer, to whom
Brown had sold It for S7.fi0.
Adney wus at tho ticket window wait
ing his turn to buy a ticket and had left
his coat on a nearby seat. When he re
turned he found that the garment had
been stolen. lie reported his loss to tho
police. Brown identified Johnson as the
man from whom he had bought the coat.
R. M. Rutherford, a hanger-on. well
known in police circles, also was arrested
today, charged with the theft of two
overcoats from D. A. Smyth of the Euro
pean hotel, several days ago. The over
coals were recovered by Detective Charles
Plncock in Salt Lake, where they had
been pawned. Rutherford will bo charged
with petit larceny.
FIRST OPERATION IN
OGDEN'S NEW HOSPITAL
Special to The Tribune,
OGDEN. Jan. 1. An operation, per
formed on Dr. R. E. Worrell for blood
poisoning at the. Dee Memorial hospital,
this morning, is reported to be success
ful. While performing an obstetrical opera
tion two wcoks ago. Dr. Worrell's right
hand became Infected. Blood poison
ing developed and the physician has been
unconscious for several hours at a time
in the past few days. Yesterday It was
decided to operate on the Infected hand,
and Dr- Worrell was taken to tho hos
pital this morning. After the operation
Tch operation was the first to be per
formed In the new hospital which oponcd
Its doors for patients this morning,
he was removed to his home, from which
he is reported to be resting well.
CANVASSER'S LICENSE TO
BE TESTED IN COURTS
Special to The Tribune.
OGDEN, Jan. 1. To compel W. II. Van
Dyke to pay the canvasser's license re
quired of any person taking orders for
out-of-town business houses, as provided
In the new merchants' license ordinance.
City Recorder Carl Allison has obtained
a warrant for the arrost of Van Dyke,
who has been soliciting orders for men's
clothing.
The ordinance requires a license of
$100 from this class of solicitors, but
Van Dyke has refused to pay this
amount. Van Dyke has engaged the
services of an attorney to contest the
validity of the ordinance.
Ballantyno Laid at Rest.
Special to The Tribune.
OGDEN. Jan. 1, Funeral services for
John P. Ballantyno were hold at. Alio Rlv
ordalc meeting house this afternoon In
the presence of a large crowd. The serv
ices were in charge or Bishop A. A.
Bingham. Music was given by the ward
choir, assisted by H. D. Chllds, who
sang solos. The speakers were Presi
dent C. K. MIddleton. Patriarch George
W. Larkln, Bishop TI. C. Jacobs, B. 71.
Goddard and Enoch Bingham. The grave
at tho City cemetery was dedicated by
Austin C. Brown.
Stolen Instruments Recovered.
Special to The Tribune.
OGDEN. Jan. 1. A case of surgical
Instruments, belonging to Dr. A. A. Rob
inson, stolen from bis bugg" on Wash
ington avenue, yesterday, was recovered
this mornJng by M. B. Hughes of 2:177
Adams avenue, who found them Intact
In a sewer near his home. Tho loathcr
case had been cut open with a knlfo and
the disgusted thief finding nothing of
any value to him, threw It in tho sewcr.
Grundy Burial.
Special to The Tribune.
OGDEN. Jan. J. With the. local camp
of the Woodmen of the World attending
In a body, funeral sorvlces for Thomas
V. Grundy were held at I Tea ton & Kir
kendall's funeral chapel this afternoon.
The Rev. J E. Carver, pastor of the
First Presbyterian church, conducted the
services. A band headed tho procession
to the City cemetery, where tho burial
services were held.
Bullet Fired Into Saloon.
Special to The Tribune.
OGDEN. Jan. 1. In the w Tear's
hilarity lasl night some one fired a re
volver on Grant avenue, the bail passing
through the pln.lc glass front of the
Forum saloon. Two Japanese wore ar
rested, but there is little ovldenco
against them. This was the only case
of disorder growing out of tho Now
, Year's celebration here.
Oity Prisoners Feast.
Special to Tho Tribune.
OGDEN. Jan. 1. Prisoners at. tho city
Jail were given a dinner today by City
Jailer llagbert Anderson and tho mat
ron. Mrs. Anderson. The prisoners wore
allowed the use of the corridor, in which
they celebrated the first day of the Now
Year with songs and other pastimes.
Shaw Funeral Services.
Special to The Tribune.
OGDEN. Jan. 1. Funeral services for
Mrs. Rosaltha M. Shaw will be held
at the. home of bur sister. Mrs, E. M.
Johnson, 2002 Childs avenuo, Tuesday af
ternoon at 2 o'clock.
Little Girl Dies.
Special to Tho Tribune.
OGDEN. Jan. 1. Little Marv Loone
Iveraon, the l-year-old daughter of
Thomas C. Iverson, died at the family
residence, 811 Washington avenue, this
morning following a nhort IllncBS from
paralysis.
"Tho AJpn" opous at 1 o'clock In
dav, Sth South and Main. Five acres
ol' ice.
I -Tribune' Want Ada.
Bell Main 5200. Independent 360
CHURCH UNOPPOSED
. IN POLITICAL GAME
That Will Be the Position of
Cache County Democrats
Henceforth.
Special to Tho Tribune.
LOGAN. Dec. 31. The control that the
Mormon church has of tho political situa
tion In this county was never demon
strated better than at the recent Demo
cratic meeting held here. If the reporls of
thoso who were there may be rolled upon.
Not only did it have power to prevent
the disgusted members of tho parly from
hnvlng their way and disbanding, but
it practically, stilled all opposition to ILs
plan of running things political. Men
who hnd been loudest, and most urgent
and Insistent In their demands for a meet
ing and for tho formal dlsbandmont of
the party either failed to attend the meet
ing or If they did were very silent. Even
the party organ which had advocated dls
bandmont hnd become silent before the
meeting, and did nothing to aid thoso
few who were, foolish enough to express
a desire for decent, straight politics.
For the. first time tho men who shape
sontlmcnt here for the church havo
ceased to deny that tho church has In
terfered In politics, and Instead aro Justy
fylng Its Interference, and aro proclaim
ing to Democrats that If the nation
shows clear signs of going Democratic
In 1012, then tho state will -go Democratic
also, and tho church will operate through
the Democracy.
It Is the Church's Right.
To those who have objected to this
policy the answer has been made that
their view is altogether too narrow, that
It Is tho destiny of the church to ulti
mately control not alone all political par
tics but the whole world, and that men
who oppose that destiny arc short-sighted
In a religious way. "The little stone
cut out of the mountain without hands
that shall roll on until It shall fill
the whole earth" Is the Mormon church
It Is urged, and for men to object to Its
sway that Is, members, Is simply folly.
This at last has put up the question to
the good Mormon Democrats of being In
direct opposition to the church in oppos
ing ILs political policies, and prominent
men of that party have announced that
they will not again vole against the
church as their strongest loyalty is to It.
So in Cache county after this there will
be little complaint against the church,
whatever Its attitude or actions may bo,
so far as Democrats arc concerned. Such
crumbs as may fall from the table they
will be content with until tlic time comes
when the church will Invite them to sit
at I he board as guests then they wlli
laugh at the discomfiture and humilia
tion of their foes. Until then they wait.
THE MB' HOTEL
JFIBEJTBIIHJM
Upper Story Is Damaged, the
Cause Being Charged to
Bad Wiring.
Special to The Tribune.
BINGHAM. Jan. J- The Miners' hotel
here, which Is owned by Barney Qulnn
of Salt Lake City and Is In charge of
E. Truelson and wife of this city, had
its upper story almost gutted by a fire
which -started about noon today. Tho
Joss is estimated at between two and
three thousand dollars, this being partly
covered by insurance.
Tho fire Is thought to have been caused
by defective wiring- It started In the
second story of the hotel, which Is si two
story frame building, and worked its way
up Into the attic where It was difficult
for the firemen to got at IL A heavy
snowstorm also Impeded tho work of the
fire department, but they did well, having
the fire under control by about 1:30
o'clock In the afternoon.
Besides the loss by the fire and the
damugo by tho water. Mrs. Truelson
hud just loft a slclc bod where she had
a case of typhoid and the excitement and
exposure caused a rolapse that may prove
serious. Also Mrs. McNonl, a woman
who was assisting in the preparation of
the New Year's dinner, had left her purse
containing $100 hanging behind a drcssor
on the first floor of tho building. After
the excitement of the fire it was not to
be found. The police arc working on tho
case and hope to find who got away with
the money. A guest at the hotel was
caught by the fire and jumped from the
second story window. He wus not injured.
PROVO ENQUIRER SUIT
JUDGMENT BY BOOTH
Special to Tho Tribune.
PROVO. Jan. 1. Judgment has boon
entered in tho Fourth district court in
favor of tho plaintiffs in the caso of
tho Farmers and Merchants' bank of
Provo against Kitty A. Hlnes in the sum
of JOGS. 47 and costs. The judgment is on
a promissory note secured by 50,000 shares
of the capital stock of the Provo Mining
company. A decree of foreclosure was
also entered In tho caso of tho Farmers
and Merchants' bank against tho En
quirer company, and an order of sale
made to sell the properly of tho company
on First West street to satisfy an Indebt
edness to the bank of $3&09.."0 and $1.10
attorney fetfs and costs. One peculiar
feature In connection with the last named
case Is that Judge .1. E. Booth, who
awarded tho Judgment and ordered the
sale of the properly. Is the president of
th defunct company.
In tho divorce suit of Joseph E. Hall
vs. Grace Hall, a petition has been tiled
by the defendant asking to have the In
terlocutory decree amended to glvo her
tho custody of the minor children and ali
mony. Tho plaintiff was ordered to llle
the interlocutory decree, which ho has
so far failed to do. before January I, and
to not remove tho children from the
lurlhdlctlou of the court until after ouch
tiling, and a further hearing In the case.
TlapnincsR is the proper goal 0f j,.
man effort, nnd health is iudispensablo
to it take Hood's Snrsaparilla,
A Liquor Bill Propared,
Special to The. Tribune
PROVO. Jan. 1. County AUornov Ja
cob Evanf. has propared a liquor bill
which Is to bo presented tn the legisla
ture to convene this month. The bill
provides for absolute prohibition outsldo
of cities, and the question of wet or
dry Is to ho settled by the vote of the
people In cities.
Look for the Beo Hivo
On the package when you buy Foley's
Honey, and Tar for coughs and colds,
None Kennino without Uio Beo Hive.
Komcmbor the nntne. .Foley's Honoy and
Tar and reject any Hiibslitute. Schramm
Johu&on, Drup;.s, fiu stores.
Trlhnno Want Ads.
I Bell Main 5200. Independent 360.
GREATEST OF TRUST
CflMPAffiRESUMED
Government Tries to Compel the
Standard Oil and Tohacco
Combines to Dissolve.
Concluded From Pago One. .
of them united In a decree, holding many
of tho corporations had entered into a
combination "In restraint of trade" In
violation of the first section of tho Sher
man nnll-trust act.
These three decreed tho dissolution of
this combination Other corporations, in
cluding tho United Cigar Stores com
pany, the Imperial Tobacco company and
the British-American Tobacco company,
were found not to be in tho combination.
None were held to be "monopolizing" in
violation of tho second section of the
Sherman antl -trust law.
The application of the Sherman anti
trust law to these two organizations in
volves not only an Investigation Into the
facts, but includes an Interpretation of
the law Itself. Tho principal uncertain
ties in regard to tho law cluster around
three words in the statute. These words
form the basis, of three questions: What
Is "commerce?" what Is "restraint" of
trade or commerce? and what Is It to
"monopolize?"
Around "what Is commerco?" the prin
cipal fight In the tobacco case prob
ably Ik to bo found. The commerce which
the government claims Is being restrained
and monoiJollzod Is not commerce, accord
ing to tho tobacco attorneys.
Cite Knight Oaae.
It Ib nothing more than the manu
facture of an artlclo which later enters
Into commerce. The bulwark behind
which the tobacco organization Is making
Its fight along this lino is the famous
Knight decision, inado even more famous
by tho reference to It by formor President
Roosevelt last fall in criticising tho de
cisions of the supremo court.
In that case the court declined lo sup
press an alleged monopoly In manufacture
of sugar, on tho ground that It had au
thority to proceod only by way of pre
venting, monopolies in commerco. The
tobacco corporations claim that they aro
concerned only incidentally In commerco.
Again the dispute as to what Is in
cluded In the word "commerco," as re
ferred to In tho Sherman anti-trust law,
arises In connection with the character
of a holding company. Both the Standard
Oil and tho tobacco organizations contend
that the power granted by the constitu
tion to regulate Interstate commorco is
not so extensive as to include regulation
of tho acquisition and ownership of a
holding company of stock In other corpo
rations. The government argues that
whenever a holding company necessarily
stifles or directly and substantially re
stricts free competition in commerce tho
United States has power to jirotcct such
commerce.
In the contest regarding tho answer to
the question of "What Is 'restraint' of
trade or commerce?" the llrst dispute is
over tho interpretation of "restraint of
trade" as equivalent to the absence of
free competition." Tho government ad
vances the theory that reduction of com
petition means a restraint on irade and
consequently higher prices. Tho corpor
ations urgo that a combination of pro
ducers may mean a reduction of expenses
and consequently lower prices.
The government further contends that
the Sherman anti-trust lnw refers only
to such restraints jus aro direct and ma
terial. One Judge In passing on the to
bacco caso In the circuit court held that
tho law referred to every restraint with
out regard to directness or materiality.
Deny They Restrain Trade.
It Is said that thlE doctrine would stifle
legitimate business. Tho defendant or
ganizations do not press this argument
so much, because they claim In their
cases that no direct and material re
straint of commerce exists.
This claim Is based upon the argument
that they arc engaged principally, not
In Interstate commerce as wero the rail
roads In tho Northern Securities case,
but in tho manufacture of goods, which
may go. Into Interstate commerce later.
The third division of the contest Is
over the Interpretation of tho word "mo
nopolize." The Standard Oil is particularly con
cerned with this phase of tho contro
versy, because the lower court found
that it was attempting lo monopolize.
Attorneys for tho company advance the
argument that under the law It could
legally acquire tho trade of the. world
In an article provided It did nothing to
prevent others from competing wllh it.
They declaro tho Standard Oil has done
nothing to prevent others from compet
ing. Success hns come to it, so they claim,
because of "untiring energy, inflnito skill,
abundant capital and steady reinvestment
of early prollts." Tho. government has
piled up voiume on volume to support
Its contention that success was achieved
by unfair competition.
The corporation tax cases, eighteen in
all, Involve entirely different arguments.
The corporation tux provisions of tho
Paync-Aldrlch tariff act provide for "a
special excise tax with respect to tho car
rying on or doing business" by corpora
tions, "equivalent to I per .cent upon the
entire not Incomo over and above S5000."
Each of I he cases was originated In
various circuit courts by persons finan
cially Interested In the tax not being
pajd. Thoso poisons asked the courts
lo enjoin tho payment of the tax bv re
spective corporations because tho tax was
unconstitutional. Tho validity of tho tax
was uphold hi each caso.
Tho law is opposed principally on the
grounds that it attacks tho sovereignty
or the states by taxing stato franchises:
that it Invades the right to due process
of law by levying a tax on classes fixed
arbitrarily; and that It Is a direct tax
not apportioned among the states, ns
required by tho constitution.
UPSETS SUGAR DECISION
Government's Briof in Tobacco Case, if
Sustained, Will Reverse Finding.
WASHINGTON, Jan. 1. Thu brief of
the government In the tobacco caso was
made public tonight. It has boon pre
pared by Attorney General Wlekcrsham
and his special assistant, J. C. McRcy
nolds. Mr, Wlekershani nlso Is supervising tho
preparation or the forthcoming argu
ments of the government in the Standard
Oil dissolution suit. Honce, It Is generally
believed the theories advanced In the to
bacco case brief will bo followed in the
Standard Oil case, and. Jf approved bv
tho supremo court, would bo tho law for
years lo come
In contrast with tho subordination of
tho point a year ago whon the tobacco
caso was argued before the court for tho
first time, the government now empha
sizes Its position that the Sherman anti
trust law should not be interpreted so as
to put the Btamp of illegality upon every
sort of restraint of Interstate or foreign
commerce.
Such a theory has been advanced before
In tho Interest of the "good trusts" nn
distinguished from tho "bad" ones. At
tho same time the government demands
that tho right of congress to regulate In
terstate and foreign commerco be pre
served untrammeled.
Rogulate Manufacturers, Too.
To this end It would allow congress
the power to strike at things ponslbly
outside of Interstate commerce, such as
a monopoly of manufacture, If the direct,
and nocessnrv consequences thereof bo
lo nullify rules for the regulation of In
terstate nnd foreign commerce.
The revised argument of tho govern
ment says that the. will of congress, In
respect to tho power to regulato Inter
state and foreign commerce. Is supremo,
unless shown to conflict with some pro
vision of tlic constitution.
Tho government asserts that the con
gress 'has the power not only lo Indicate
Its will, but also the power to enforce
observance of it. So tho conclusion is
reachod that, if a "reasonable necessity"
i arises,' congress may strike down by
statute a thing outside of Interstate Or
foreign commerce that interferes with
this supreme will.
In order for a "reasonable necessity"
to arise. It Is said In the brief, that a
certain nearness of relationship must ex
ist between what the statute directly
striken and Interstate or foreign com
merce. That relationship, it is acknowl
edged, probably Is not susceptlblo of rig
orous definition.
."More Indirect, incidental or remote ef
fect on commerce is not sufficient," tho
government says, "hut whatever as a
natural and probable consoquenco will
occasion material hindrance to tho ef
ficacious operation of the lawful will of
congress In rcforonco thereto, Is near
enough."
Sugar Decision Erroneous.
Tho government contends that tho ma
jority of tho court camo to an erroneous
conclusion in the famous Knight case
which former President Roosevelt crit
icised last summer In a speech.
."Wo submit, with diffidence." says the
government, "that failure to recognlzo
that tho power to regulate commerce,
authorizes legislation touching what Is no
part thereof, caused the majority to hold
In the United States against E. C.
Knight ."k Co. that tho act prohibiting
contracUj, commissions and monopolies In
restraint of Interstate commerce did not
apply to a monopoly of sugar refineries
which distributed their output herein."
It Is contended by tho government that
Its argument disposes of the defense by
the American Tobacco company that It
is engaged merely In manufacturing to
bacco ovor which congress has no con
trol. The government has some new
thoughts to express to the court In re
gard to monopolies.
Must Abolish Monopolies.
"Congress in the Sherman act," says
tho government, "lias ordered the high
ways of Interstate commerce to be kept
free of monopolies. When one is found
there the court's duty is to demolish It;
and whether it was built by means them
selves in violation of common law or stato
statutes Is beside the question.
"The well settled rule at common law Is
that the tendency to monopoly makes
contracts or combinations unlawful and
not that tho Illegality or the monopoly
depends upon the use of unlawful means
In ncqulrlng iL The power of congress
Is supremo; within accepted doctrines de
fendants have a monopoly and tho duty
- . . . ..
of the courts is to demolish It by a du
cree adjusted to the circumstances,
"Of course, every mere acquisition of
property or business neither constitutes
nor Indicates the combination is in re
straint of trade, but we are concerned
with what tho present record reveals,"
tho government nrgee.
"Through a series o'f years defendants
In concert have acted with tho express
purpose and effect of destroying compe
tltlom restraining trade and acquiring
monopolies. Tho result la the very thing
which the Sherman act 1b designed lo
prevent, and the mere fact that transac
tions wore In tho form of acquisition
cannot he allowed to defeat tho law.
"The statute expressly requires the
courts to prevent .and restrain violations Jlj?
of It. With the wlsdoni of this we have SarSli'j
nothing to do: tlic duty is to enforce tho WtttMsi.
will of congress. It seems rather prepos- RBSf i
terous to maintain that illegal restraints wlfllt
of commerce must continue because to K!lSt
destroy them would Interfere with thu raa&fil
conduct of business tn ways satisfactory IflBrfir,1
to" those violating 'the law;" ffiwlflfc!
"The Alps'' opens at 1 o'cldca. to- Mwljl
dny, 8fch South and Main. Five acres WgtE
If your want be & situation. mak BflHlw
it known by the insertion of a want nKll
"ad" in he Tribune, hHI
JL :THAT SALT LAKE HAS 3? . Hf
I EVER KNOWN AT ANY TIME) B
Bejins Tomorrow, January 3rd atl m
8 O'clock Sharp, . 1 1
I Mm Scowcroff & Sons Co. I If
OAPITAL, $1,000,00:.00 B
WHOLESALE DRY GOODS, iff
MEN'S and WOMEN'S FURNISHINGS, '
HATS, CAM, SHOES and RUBBER GOODS ! I
We cany by far the largest exclusive wholesale stock of, Igijj
the Above lines between Omaha and San Francisco. If yoi J
' j want prompt shipments, send us your mail ordeT. . S 1 1
What kind of a resolution have you made about your 1 91 1 advertising? H
Ifs a great thing this advertising. :-j ''
business "fi i ii
It you do it right it "makes" you - r If
If you do it wrong it "breaks" you -
We offer you the services of the oldest, largest ' . Hi
and best equipped advertising organization in the inter- Ml
mountain west an organization of experts. ' Wti
9 This is the only agency in the west that is equipped ;ij . K
to outline and plan campaigns, prepare advertising V'V H
matter, make drawings, illustrations, etc., half tones, , ffi
etchings, color plates and embossing dies, all in its own ' M
establishment under one roof.
We have a special service contract for merchants, .. ; m
manufacturers, real estate dealers, etc., that offers bet- - M
ter advantages than if you had your own advertising ; , ' III
department, yet the cost is very much lower. It s pay- . i
ing a large number of concerns to use it. . W
Would it interest you to know about it? ..-:v: - El l
-y ; Would it? . . . "' ' " :--rr. ' Hi
Say when. . - r'Y. B
Giles Advertising Agency I 1
(INCORPORATED.) , j jjjfl
General Advertising1 and Publicity Agents, Engravers, Designers, Printers.' j 'MM
Top Floor Boyd-Park Building, Salt Lake Mil
i? . BSpp i 3 j 1 1